GDPR- Unlearn and re-learn: Busting the GDPR Myths

GDPR- Unlearn and re-learn: Busting the GDPR Myths

If a sapling was planted every time there was a misconception about GDPR, we'd have probably defeated global warming by now. Any new revolution, be it in technology, philosophy or any other dimension, always creates chaos and confusion during its inception, bringing along with it, a plethora of misconceptions as well. However, it is time we got it all cleared from our heads. 

You might have been a victim of this contagion as well, or have you not? Let us unlearn the (un)popular misconceptions and try to bring in the clarity of crystals to our GDPR understanding.

Consent is an alias of GDPR

The worst of dreams by the GDPR experts will probably involve them yelling 'Consent alone is not GDPR!!', into the psychic space of their co-workers. Because this is, by far, the biggest misunderstanding. GDPR does put high emphasis on consent, but it is not the whole picture. 

There are six lawful bases and they're all equally valid. Say you are a firm based out of Amsterdam and you are employing locals. You don't need to get their consent for storing their information on your register, because the law mandates it. It will fall under the 'legal obligation' umbrella. If a person gets interested about your product and asks for a quote, you don't have to bother him with consent. Because you can process his contact information based on 'Contract'.

Hence, we must keep an open eye and consider all the six lawful bases before applying them to our data processing activities.

Consent is just a check box

Most of us are thinking that the holy check in 'I agree to the Terms & Conditions and Privacy Policy' is the consent we need. Well, no! In fact, that is the first example of what is not a consent, in the ICO website.

There are specific rules to be kept in mind when consent is taken. We must first state all ways in which we shall process the data we are collecting. And furthermore, we must not make it a precondition of a service, which is exactly what we do with the 'I agree to the Terms & Conditions and Privacy Policy' check box. Consent must be given freely with no pre-checked boxes. And even if the boxes are not checked by the subject, the service must not be denied. Hence, before taking the consent route, the whole processing tree must be analysed, and the decision on whether or not to take this route should be made.

GDPR is the Villain


When GDPR first came into picture, there was a massive wave of negativity that accompanied it. Social media was flooded with posts talking about how GDPR will cause a huge expense hole in organisations’ budget and why it will create so many problems that didn’t exist in the first place. Many organisations, by default, assumed that they shall end up non-compliant and some of them even expressed their idea of conjuring up funds for a possible fine due to non-compliance. One could almost feel the need to hit the psychological reset button.


However, we must understand in our bones that GDPR is a set of laws that just demand  Good Business Practice; GDPR must be welcomed with positivity because not only does it provide a company with a better legal and policy framework, but it brings acompetitive advantage as well.


GDPR, in many ways, will change the way businesses are conducted, but one of the main shall be the cognitive advantage that a company shall possess in the minds of its clients, when it becomes GDPR compliant. A GDPR compliant company shall do better positioning in their customer’s head when they can flaunt their compliance tag.


My business is small, so I'm kind of exempt.


Only in specific cases like the one for appointing a DPO, does the GDPR talk about company sizes. GDPR has an attitude and it doesn't care about your firm's size. If you happen to, in anyway, cross any data path of any EU resident, you are under the GDPR radar.

Forget small business! Even if you're a solo-pruner who runs a fashion blog, with an emailing list under your sleeve, you must be GDPR compliant.


I don't collect data from users, so I'm cool.


No, you're not. GDPR originates from 'what data you hold', which means that not only a massive introspection into
your data inventory is needed, but also an analysis of 'all' data that you have on subjects is required. Even if you don't collect data through web forms or portals, you still need to worry about the data pertaining to EU subjects. 

You might scrap the publicly available information on individuals and try to convert them into leads. You might even have purchased your competitor's leads (Highly not recommended, though. Just saying) or it could be a person on social media who has liked your page. In all these cases, though you haven't obtained data from the user directly, you still have to respect the data you have on him/her and process it under the GDPR.


There is only one type of consent


Firstly, there's private data and sensitive data. The former refers to data like the IP address, pin code etc., while the latter covers aspects like religion, sexual orientation etc. Naturally, the consent mandated for these types vary.

There are two types of consent : Explicit & Implied Consent


Implied consent is when the subject, by providing you a particular data, is accepting it to be used in a certain way. In effect, you don't have to shout out loud by asking him to check a box, but you can just 'imply' consent by stating the way the data is going to be used. But it does have to be unambiguous, which means there should not be more than one interpretation possible for that particular way in which you plan to use the data. Explicit consent is where the subject literally says 'I agree' to your consent statement, which must clearly state what data you are collecting, how you are going to use it, what it means to your subject and how this data will be transferred and the related risks of the transfer.Yeah, that's a lot. But this consent is required only when sensitive data is collected. 


I need to be a data democracy: All rights to all


The data subject rights caught so much attention that GDPR pursuers became too obsessed with it. For example, right to be forgotten was seen as a white elephant in the room and it perhaps got too much attention. Not all rights need to be given all the time. GDPR gives us six lawful bases, which is nothing but the underlying reason behind processing of data. And as your reason varies with the kind of data and processing method, the data rights you need to offer shall vary as well. 


Lawful Basis(row)/Rights applicable (column)

Right to be informed

Right of access

Right to rectification

Right to erasure

Right to restrict processing

Right to data portability

Right to object

Rights related to automated decision making

Consent

 Y

 Y


 Y

 Y

Y

 

Contract

 Y

 Y

 Y



 Y


 Y

Legal Obligation

 Y

 Y

 Y

 Y




 Y

Vital Interests

 Y

 Y







Public Tasks

 Y

 Y

 Y




 Y


Legitimate interests

 Y

 Y

 Y

 Y

 Y


 Y

 Y


Consider the above depiction, which correlates between rights and the lawful basis. A data field processed on a basis of contract, cannot be asked to be erased as such. Similarly, a data processed for vital interests cannot be objected. So, being aware of why you process the data that you do, and categorizing them based on applicable rights and lawful basis is an extremely crucial function.


I can use 'Legitimate Interest' for marketing uses relating to personal data, without consent.


The best one is saved for the last, because this is something that can really get you into trouble. Legitimate interest is not the silver bullet you can use when you have run out of options. Usage of legitimate interest has to be weighed against the privacy of the user before it can be applied to a marketing related activity(Any activity, for that matter! ). Even though marketing is an example of legitimate interest given by the ICO itself, it does not rule out the fact that the user must agree to be communicated for marketing. 


A clear 'Opt-in' is always preferred, which is not treated as consent, and it is, in some form, necessary to proceed with marketing communications.

 



    Access your files securely from anywhere

        All-in-one knowledge management and training platform for your employees and customers.






                              Zoho Developer Community




                                                    • Desk Community Learning Series


                                                    • Digest


                                                    • Functions


                                                    • Meetups


                                                    • Kbase


                                                    • Resources


                                                    • Glossary


                                                    • Desk Marketplace


                                                    • MVP Corner


                                                    • Word of the Day


                                                    • Ask the Experts





                                                              Manage your brands on social media



                                                                    Zoho TeamInbox Resources



                                                                        Zoho CRM Plus Resources

                                                                          Zoho Books Resources


                                                                            Zoho Subscriptions Resources

                                                                              Zoho Projects Resources


                                                                                Zoho Sprints Resources


                                                                                  Qntrl Resources


                                                                                    Zoho Creator Resources



                                                                                        Zoho CRM Resources

                                                                                        • CRM Community Learning Series

                                                                                          CRM Community Learning Series


                                                                                        • Kaizen

                                                                                          Kaizen

                                                                                        • Functions

                                                                                          Functions

                                                                                        • Meetups

                                                                                          Meetups

                                                                                        • Kbase

                                                                                          Kbase

                                                                                        • Resources

                                                                                          Resources

                                                                                        • Digest

                                                                                          Digest

                                                                                        • CRM Marketplace

                                                                                          CRM Marketplace

                                                                                        • MVP Corner

                                                                                          MVP Corner







                                                                                            Design. Discuss. Deliver.

                                                                                            Create visually engaging stories with Zoho Show.

                                                                                            Get Started Now


                                                                                              Zoho Show Resources

                                                                                                Zoho Writer

                                                                                                Get Started. Write Away!

                                                                                                Writer is a powerful online word processor, designed for collaborative work.

                                                                                                  Zoho CRM コンテンツ




                                                                                                    Nederlandse Hulpbronnen


                                                                                                        ご検討中の方




                                                                                                                • Recent Topics

                                                                                                                • Automating Vendor Contract Management between Zoho Contracts and Zoho Books using Zoho Flow

                                                                                                                  Managing vendor agreements across procurement and finance systems often requires manually downloading executed contracts and attaching them to vendor records. This can become time-consuming and difficult to manage when dealing with a large number of contracts.
                                                                                                                • Problem applying batch operation error keeps looping that error

                                                                                                                  Problem applying batch operation error keeps looping that error an wont login
                                                                                                                • Shared Email Sending Duplicate Copies of Emails

                                                                                                                  Hi there, We recently have moved our info@ email to Team Inbox to trial. We set this channel up using the Microsoft setup which works fine and have 3 users. I am wanting to know: 1. When I send a new email, it will create a copy of that email and send
                                                                                                                • merhaba

                                                                                                                  merhaba sosyal medya paketimiz mevcut ama yorumları göremiyoruz ve o yüzden cevap veremiyoruz destek rica ediyoruz.
                                                                                                                • Teaminbox not working

                                                                                                                  We couldn't send or receive any mail within the team inbox. Displaying error 'Unable to process this request.'
                                                                                                                • Related lists New option in missing

                                                                                                                  hi I have created quite a few modules and added as related lists to my main module. Some have new, some dont I can not see why?
                                                                                                                • Cliq and ToDo integrations?

                                                                                                                  I'm a bit surprised not to find any way to open a Cliq chat for the current thread, or to create a Zoho Mail ToDo from a thread. Are these on the roadmap?
                                                                                                                • Reply-to names are mangled

                                                                                                                  Hello, I'm seeing an odd behavior in replies. Steps to reproduce: 1. Click reply to an email from "John Doe <doe.john@example.com> in TeamInbox Expected outcome: TO field pre-filled with "John Doe <doe.john@example.com>" Actual outcome: TO field pre-filled
                                                                                                                • I CANT UPGRADE MY FREE ACCOUNT

                                                                                                                  I TRY TO UPGRADE MY FREE ACCOUNT AND I COULD NOT UPGRADE IT CAN SOMEBODY TELL ME WHY? AND I HAVE THE MONEY SO.
                                                                                                                • Level up your ASO game with tags & categories in store reviews

                                                                                                                  Introducing tags and categories in Apptics' store reviews Dear Apptics community, If your app is listed on the Play Store or App Store, you already know how important store reviews and ratings are. They’re one of the most direct signals of user sentiment
                                                                                                                • Including attachments with estimates

                                                                                                                  How can attachments be included when an estimate is sent/emailed and when downloaded as a .pdf? Generally speaking, attachments should be included as part of an estimate package. Ultimately, this is also true for work orders and invoices.
                                                                                                                • Adding VENDOR SKU to PURCHASE ORDERS

                                                                                                                  how can we add the Vendor SKU when issuing a Purchase Order , so the PO shows the Supplier SKU and our own Internal SKU , which is what we want to receive into the system .
                                                                                                                • Possible to freely prompt/query CRM data using Zia?

                                                                                                                  Is it possible to prompt Zia to query on any information stored in the CRM, especially on the data stored in custom text fields? My use case is the people in my organisation have entered lots of text in custom text fields to capture information from an
                                                                                                                • Restrict employees to take only one day holiday from a multi-day festival holiday

                                                                                                                  Hi everyone, I have a requirement related to Optional/Festival Holidays in Zoho People. For example, in the month of May there are three optional holiday dates: May 11, May 12, and May 13. Employees can choose one of these days as their optional holiday.
                                                                                                                • Cannot modify colours in invoice email template

                                                                                                                  I have tried switching browsers... but I cannot change the (pretty horrible) default colours in the preset email when sending an invoice... the blue banner, red outstanding total and the bright green button... I can change other things but not the colours?
                                                                                                                • Cannot find zpuid for Zoho Projects user

                                                                                                                  I'm using the Zoho Projects v3 API to create a task. The task is created successfully, but in order to assign the task owner, the "Create a Task" API also requires the zpuid of the task owner. Unfortunately I cannot find any user-related API calls that
                                                                                                                • Print a document from Zoho Writer via Zoho Creator

                                                                                                                  If i use the code below i can get writer to create a new document or email it to me but i want to be able to print it directly from the browser and not have to send it via email and then print. Below is the code im using. Attached options form zoho writer
                                                                                                                • Allow styling for specific Subform fields in Zoho Creator

                                                                                                                  Sometimes in forms we need to visually highlight a specific field inside a Subform (for example Sanctioned Amount, Approved Value, Critical Fields, etc.) so that users immediately notice it while entering data. Currently there is no direct UI option to
                                                                                                                • Career site URL - Suggestion to modify URL of non-english job posting

                                                                                                                  Hi, I would like to suggest making a few modification to career sites that are not in english. Currently, the URL are a mix of different languages and are very long. It makes for very unprofessional looking URLs... Here is an example of one of our URL
                                                                                                                • 3/18 オンライン勉強会のお知らせ Zoho ワークアウト (無料)

                                                                                                                  ユーザーの皆さま、こんにちは。コミュニティチームの中野です。 3月開催のZoho ワークアウトの開催が決定しましたのでご案内します。 今回はZoomにて、オンライン開催します。 ▶︎参加登録はこちら(無料) https://us02web.zoom.us/meeting/register/BoNTN7zYR8OvOPGShqBY0A ━━━━━━━━━━━━━━━━━━━━━━━━ Zoho ワークアウトとは? Zoho ユーザー同士で交流しながら、サービスに関する疑問や不明点の解消を目指すイベントです。
                                                                                                                • New 2026 Application Themes

                                                                                                                  Love the new themes - shame you can't get a little more granular with the colours, ie 3 different colours so one for the dropdown menu background. Also, I did have our logo above the application name but it appears you can't change logo placement position
                                                                                                                • Placeholder format in Number field does not reflect Max Digits configuration

                                                                                                                  When the Max Digits (Maximum digits of number) property is set to a smaller value (for example, 2 digits), the placeholder in the input field still displays a 7-digit format (#######). The same behavior can also be observed in Decimal and Currency field
                                                                                                                • How does SKU work when selling products in parts in Zoho Inventory

                                                                                                                  Hello everyone, Zoho Inventory does not understand the physical cutting of the piece.. It only tracks quantities of the unit (like feet ). So when you sell part of an item, the system simply reduces quantity for that SKU. Assume that i have a 50 ft long
                                                                                                                • CRM Cadences - working timesThe Friday afternoon? The next Monday morning? Not at all?

                                                                                                                  I think I’m writing saying that cadence emails are only sent during the organisations set working hours in CRM. So if a particular email is set to send for example in three days and that lands on a Sunday (when working hours are not operational) when
                                                                                                                • CRM Cadences - working times

                                                                                                                  I think I’m right in saying that cadence emails are only sent during the organisations set working hours in CRM. So if a particular email is set to send for example in three days and that lands on a Sunday (when working hours are not operational) when
                                                                                                                • Push Notification for New Bookings in Zoho Bookings App

                                                                                                                  when a someone schedules an appointment through the booking page, is there any option to receive a push notification in the mobile app?
                                                                                                                • Intergrating multi location Square account with Zoho Books

                                                                                                                  Hi, I have one Square account but has multiple locations. I would like to integrate that account and show aggregated sales in zoho books. How can I do that? thanks.
                                                                                                                • Add the same FROM email to multiple department

                                                                                                                  Hi, We have several agents who work with multiple departments and we'd like to be able to select their names on the FROM field (sender), but apparently it's not possible to add a FROM address to multiple departments. Is there any way around this? Thanks.
                                                                                                                • Zoho Desk View Open Tickets and Open Shared Tickets

                                                                                                                  Hi, I would like to create a custom view so that an agent can view all the open tickets he has access to, including the shared tickets created by a different department. Currently my team has to swich between two views (Open Tickets and Shared Open Tickets).
                                                                                                                • Clone Banking Transaction

                                                                                                                  Why is there no option to CLONE a Transaction in the Banking module?? I often clone Expenses (for similar expense transactions each month) so I would also like to clone Income transactions. But there is no option in Banking to clone an existing Income
                                                                                                                • Zoho Expense - Bi-Weekly Report Automation

                                                                                                                  Hi Zoho Expense Team, My feature request is to please include an option to automate creation of reports bi-weekly (every 2 weeks)
                                                                                                                • Application Architecture in Zoho Creator: Why You Should Think About It from the Start

                                                                                                                  Many companies begin using Zoho Creator by building simple forms to automate internal processes. This is natural — the platform is extremely accessible and allows applications to be built very quickly. The challenge begins to appear when the application
                                                                                                                • Arquitetura de Aplicações no Zoho Creator: Por que pensar nisso desde o início

                                                                                                                  Muitas empresas começam a utilizar o Zoho Creator criando formulários simples para automatizar processos internos. Isso é natural — a plataforma é extremamente acessível e permite construir aplicações rapidamente. O problema começa a aparecer quando a
                                                                                                                • Dark Mode - Font Colors Don't Work

                                                                                                                  When editing a document in Dark Mode and selecting font colors, they don't show up on screen.  Viewing/editing the same document in Light Mode shows them just fine.
                                                                                                                • How to Customize & Reorder Spaces in Zoho One 25 (Spaces UI) — Admin Tips Not in the Docs

                                                                                                                  Hey Zoho Community, After digging around in the new Spaces UI, I found a couple of admin features that aren't well documented yet but are really useful. Sharing here in case others are looking for the same things. 🔁 How to Change the Default Space Users
                                                                                                                • System Components menu not available for Tablet to select language

                                                                                                                  I have attached a screenshot of my desktop, mobile, and tablet menu builder options. I am using 2 languages in my application. Language Selection is an option under the System Components part of the menu, but only for my desktop and phone(mobile). My
                                                                                                                • Approvals in Zoho Creator

                                                                                                                  Hi, This is Surya, in one of  my creator application I have a form called job posting, and I created an approval process for that form. When a user submits that form the record directly adding to that form's report, even it is in the review for approval.
                                                                                                                • How Zoho Desk contributes to the art of savings

                                                                                                                  Remember the first time your grandmother gave you cash for a birthday or New Year's gift, Christmas gift, or any special day? You probably tucked that money safely into a piggy bank, waiting for the day you could buy something precious or something you
                                                                                                                • Estimate PDF Templates - logo too large

                                                                                                                  Hello, I cloned a standard estimate template, but my logo is showing up much larger than intended. This doesn’t happen with the standard invoice template, where the logo displays correctly. How can I adjust the logo size in the estimate template? Thank
                                                                                                                • Select CRM Custom Module in Zoho Creator

                                                                                                                  I have a custom module added in Zoho CRM that I would like to link in Zoho creator.  When I add the Zoho CRM field it does not show the new module.  Is this possible?  Do i need to change something in CRM to make it accesible in Creator?
                                                                                                                • Next Page